Acceptance - Essay

AcceptanceIn the case of Carrie, Antonio and Norvel, Carrie offers to sell Antonio a set of legal encyclopedias for $300.00. Antonio says he has to think about it and will let Carrie know the next day. Norvel, who overheard the offer to Antonio, tells Carrie he accepts her offer. Carrie gives Norvel the encyclopedias in return for $300.00. The next day, Antonio, unaware of the transaction between Norvel and Carrie, accepts Carrie’s offer. Technically Carrie has not breached a valid contract with Antonio, as he had not accepted the terms of the agreement. There was also no contract between Norvel and Carrie formed since Norvel accepted an offer that was originally made for Antonio.

The first requirement of a valid contract is agreement. Because Antonio never agreed to Carrie’s offer there was never a contract created between them. This leaves Carrie free to do as she wishes with the encyclopedias. On the other hand, Carrie is not obligated to sell the encyclopedias to Norvel, as there is no contract between them since Carrie’s offer was originally made to Antonio. According to Miller, “generally, a third person can-not substitute for the offeree and effectively accept the offer” (Miller, 2008, p. 173). The offer is conditional to the identity of the offeree, so except in special situations, only the person to whom the offer is actually made can accept it and create a binding contract (Miller, 2008).

Only Antonio had the power to turn Carrie’s offer into a binding legal obligation by accepting the offer (Miller, 2008). This power was not indefinite and could be terminated by action of the parties or by operation of law through rejection, revocation, or counteroffer. For revocation to be effectively used the revocation must be communicated to the offeree prior to acceptance and can be done with an express repudiation of the offer, a statement expressing your...

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...requested a written acceptance from Tina, as an objective aproach. If we look in to the case of Lucy v. Zehmer, 196 Va. 493; 84 S.E.2d 516 [1954], the parties signed a document which was for the sale of land and it was binding. Similarly in this case the intention to create legal relations is evident from the Yaties request to Tina to send a written acceptance.
Secondly it has clear terms (to supply handcrafts) of what they are going to do. The offer from Yatie was clear in this case, and unlike in the case of Ahmad Meah &amp; Anor v. Nacodah Merican [1890] 4 Ky 583 where offer was too vague.
And for the last element, the communication of the offer was complete when it was received by Tina (the intended party) on 4th September 2011 and when it becomed knowledge to Tina, in line with the section 4(1) of the Contracts Act 1950: Act 136 (CA) So the offer by Yatie was complete.
ACCEPTANCE
Looking into the acceptance, Tina’s acceptance was communicated by her staff Anis. Acceptance is the voluntary agreement to the terms of the offer by the offeree (Clarkson, Miller, Jentz, &amp; Cross, 2009). As Tina requested her staff Anis (an agent for Tina while Tina is the principal) to noitify her acceptance of the offer to Yatie. According to (Schneeman, 2010) because of the fiduciary relationship between the agent and the principal, the agent can act on behalf of the principal. If...

...In this essay, I am going to analyse the rules of offer and acceptance and then come to a conclusion as to how satisfactory I think each of them are and why.
In its general sense, an offer is an indication or proposal by one person or party (offeror) to another (offeree). It consists of one party promising to do or give something for the other party’s promise to do or give something in return. There must be willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed.
An offer can be given in one of many forms which are: letter, newspaper, fax, email, and conduct (if suitable and all terms are understood by both parties). There are also different types of offers, one which involves a specific individual or group, and one which refers to the world as a whole. A unilateral offer is an offer which the offeree accepts by performing his or her side of the bargain. A bilateral offer is responded to with an exchange of promises between two parties.
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Offer:
An offer exists if a party “promises to do or refrain from doing some specified thing in the future conditioned on the other party’s acceptance”.
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Does Peter have an enforceable contract against Don?
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...Currently, majority of people do not know much about contract law. Actually, we are signing contracts everyday. For example: Buying candies in a shop. There are two types of contract (written and verbal agreement). A contract is made by orally, by conduct and in writing. It also consists of an agreement, consideration and legally binding. There are eight elements of contract law, namely offer, acceptance, consideration, capacity, legal relations, legality and agreement. In this essay, I am going discuss the offer and acceptance particularly.
Offer
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...Acceptance
An acceptance is “a manifestation of assent to the terms [of the offer] made by the
offeree in the manner invited or required by the offer.” In determining if an offeree
accepted an offer and created a contract, a court will look for evidence of three factors:
(1) the offeree intended to enter the contract, (2) the offeree accepted on the terms
proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror.
Common Law: Traditional “Mirror Image” Rule
The traditional contract law rule is that an acceptance must be the mirror image of the
offer. Attempts by offerees to change the terms of the offer or to add new terms to it are
treated as counteroffers because they impliedly indicated an intent by the offeree to reject
the offer instead of being bound by its terms. However, recent years have witnessed a
judicial tendency to apply the mirror image rule in more liberal fashion by holding that
only material (important) variances between an offer and a purported acceptance result in
an implied rejection of the offer.
Even under the mirror image rule, no rejection is implied if an offereee merely asks about
the terms of the offer without indicating its rejection (an inquiry regarding terms), or
accepts the offer’s terms while complaining about them (a grumbling acceptance).
Distinguishing among a counteroffer, an inquiry...